HomeMy WebLinkAboutOrdinance 16970-05-2006ORDINANCE NO. 16970-05-2006
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE
AMENDMENT OF CHAPTER 12.5, "ENVIRONNTENTAI.
PROTECTTON AND COMPLIANCE," ARTICLE IV
"GROUNDWATER AND SURFACE WATER QUALITY,"
I3Y AMENDTNG APPENDIX "A" "MUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH," BY THE
ADDITION OF SECTTON 3, DESIGNATING CFW-MSD-
0003, PROVIDTNG FOR THE PROHIBITTON OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES TN CFW-1VISD-0003, PROVIDING THAT THIS
ORDTNANCE TS CUMULATIVE; PROVTDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO
$2,000.00 FOR EACH OFFENSE IN VIOLATTON OF THE
ORDINANCE; PROVIDING A SAVTNGS CLAUSE;
PROVIDING FOR PUBLICATION TN THE OFFICIAL
NEWSPAPER OF THE CTTY; AND PROVIDING AN
EFFECTIVE DATE.
V6rHEREAS, Houston Street Acquisitions, L.P. (Applicant) has filed an
application with the City of Fort Worth far the city's approval of a Municipal
Setting Designation (MSD) for the property located at 505 N. Houston Street,
Fort Worth, Texas, an approximately 1.575-acre tract, more fully described as
Lots B, C, D, & E, Bloch 8, North Fart Worth, Fort Worth, Tarrant County,
Texas, (Site); and
WHEREAS, upon passage of a supporting resolution by the City Council,
Applicant intends to file a separate application with the Executive Director of the
Texas Corxamiission on Environmental Quality (TCEQ) for certification of an
MSD .for the Site pursuant to Texas Health and Safety Cade, Chapter 361,
Subchapter W; and
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater contamination investigation
and response actions at the Site; and
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WHEREAS, the City Council of the City of Fort Worth is of the opinion that it is
in the best interest of the public and the city to support Applicant's application to
the Texas Commission on Environmental Quality for a Municipal Setting
Designation for the Site; and
WHEREAS, in order for the TCEQ to certify the Site the city must prohibit the
potable use of groundwater frozxz beneath the Site; and
WHEREAS, a public drinking water supply system exists that supplies or is
capable of supplying drinking waiver to the Site, and property within one-half mile
of the Site; and
WHEREAS, where public drinking water is available, the potable use of
groundwater in designated areas should be prohibited to protect public health and
welfare when the quality of the groundwater presents an actual or potexatial threat
to human health;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, AS FOLLOWS:
SEGTX®N I.
That Part II "Code," Chapter 12.5 "Enviraznnental Protection and Compliance," Article N,
"Groundwater and Surface Water Quality," Appendix A, "Municipal Setting Designation Sites in
Fort Worth," of the Code of the City of Fort Worth (198b) as amended, is hereby amended by the
addition of Section 3 to read as follows:
APPENDIX A - NTUNTCTPAT~ SETTING DESTGNATT®N SYTES TN F®RT WORTH
3. CFW-~CSD~0003
Page 2 of 6
(a) CFW-MSD-0003 is defined. as follows:
Being all of Lots B, C, D, and E as described. in a 7udgrnent of Partition in
a suit styled San~u.el Baker Robinson, et al vs. Mrs. Ann. Gerard Lines et
al, Cause No. 11490-A, judicial District Court of Tanrant County, 96th
District, Texas, as recorded in Book C-12, Pages 213 et seq. and Book C-
14, Pages 337 et seq., Minutes ofDistrict Court, Tarrant County, Texas,
described as follows:
Beginning in the west line of lidauston Street at an iron pin with a yellow
cap marked "Brittain & Crawford" N 30° W 137.7 feet northwest of the
southeast corner of Block 8, North Fort Worth, Tarrant County, Texas, for
the southeast corner of Lot B and the southeast corner of this tract;
Thence, N 30° W with the west line of Houston Street, passing a "Y" cut
found. in the concrete at 115.7' far the northeast comer of Lot B and the
southeast corner of Lot C, passing at 212.3' the northeast corner of Lot C
and the southeast corner of Lot D, passing at 298.7' the northeast corner of
Lot D and the sauth.east corner of lot E, 382.73' {384.4' of Record) to a
nail in tlae fenceline for the northeast caner of Lot E and the northeast
corner of this tract;
Thence, S 60° 03' O1" W 201.08' (200' of Record) with the earth. line of
Lot E to a nail found in the fenceline for the northwest corner of Lot E and
the northwest corner of this tract;
Thence S 30° 14' 33" E, passing at 85.7' the southwest corner of Lot E and
the northwest carnet of Lot D, 140.15' to an iron pin with a yellow cap
marked "Brittain & Crawford" for a comer;
Thence S 45° 31' 33" E, passing at 33.3' the southwest corner of Lot D and
the northwest cona.er of Lot C, passing at 133.5' the southwest comer of
Lot C and the northwest corner of Lot B, 252.79' to an iron pin found with
a yellow metal cap marked "Brittain & Crawford" for the southwest corner
of Lot B and the southwest corner of this tract;
Thence N 59° 38' S0" E 132.82' with the southline of Lot B to the point of
beginning and containing 1.576 acres of land.
(b) The designated groundwater beneath CFW-MSD-0003 is shallow, with
depths varying from 12 to 15 feet below ground level, and is underlain. by
limestone bedrock.
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(c) The following contaminants associated with historical uses of the Site
have been detected within the designated groundwater at concentrations
exceeding residential assessment levels for potable use:
• Total Petroleum Hydrocarbons
• Benzene
® Cis~l, 2 Dichloroethene
• Trichlaroethene
® Vinyl Chloride
• Arsenic
• Barium
Cadmium
® Chromium
• Lead
• Selenium
(d) The use of the designated groundwater in CFW-MSD-0003 for potable
and irrigation puzposes is hereby prohibited. This prohibition is necessary
because the enntaminant concentrations exceed potable water standards.
(e) The City will provide advance written notice to the Texas Commission on
Environmental Quality, as much as is practicable, prior to enacting an
ordinance repealing or amending this section.
SECTI®l~ 2.
This ordinance shall be cumulative of all provisions of ordinances az~zd of the Code of the City of
Fort Wnrth, Texas (1986), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances anal such Code are hereby repealed.
SECTIOI`t 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences,
clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by the valid judgmenf or decree of
any court of competent jurisdiction, such. unconstitutionality shall not affect: any of the remaining
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phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTI01o14.
Any person, firm or carparatian who violates, disobeys, o~aaits, neglects oz- refuses to camply with
or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than two thousand dallars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SICCTI®I®i ~.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
vialations of the provisions of the ardinances amended in Section 1, which have accrued at the time
of the effective date of this ordinance and, as to such accrued violations and all pending litigation,
both civil acid crixninal, whether pending in court ar not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTI~1`l 6.
The City Secretary of the City of port Worth, Texas, is hereby directed to publish the caption and
Section 4 of this ordi~aance far two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section. 2, Chapter XXV of the Charter of the City of Dort Worth, Texas
and by Section 52.013, Texas Local Govenament Code.
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SECTION 7.
This ordinance shad be in full force and effect after its passage and publication as required by lar~v,
and it is so ordained.
APPROVED AS TO FORM AND LEGALTTY:
DAVID YETI, CTTY ATTORNEY
~.
ASSIST NT CITY A RNEY
EFFECTIVE:
ADOPTED: ~(`!~ ~ ~, ~~~
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SUBJECT.
Adopt Resolution Supporting the Application of Houston Street Acquisitions, LP, far a Municipal
Setting Designation for the Property Located at 505 North Houston Street, to the Texas Commission
on Environmental Quality, and Adopt Ordinance Prohibiting the Potable Use of Designated
Groundwater from Beneath the Site
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of Houston Street Acquisitions, LP, for approval of a
Municipal Setting Designation (MSD) for the property located at 505 North Houstan Street, an
approximately 1.576-acre tract, more fully described as Block 8, Lots B, C, D, and E, North Fort Worth, Fort
Worth, Tarrant County, Texas {"site"), to allow the public the opportunity to give testimony;
2. Adopt the attached resolution supporting the Applicant's application to the Texas Commission on
Environmental Quality (TCEQ) for an MSD for the Site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION;
In 2003, a state law became effective creating the concept of an Municipal Setting Designation (MSD). The
purpose of an MSD is to certify properties in order to limit the scope of or eliminate the need for
investigation of ar response actions addressing contaminant impacts to groundwater that has been
restricted from use as potable water by municipal ordinance. An individual, typically a developer, must
apply to the Texas Commission vn Environmental Quality {TCEQ} for certification of their property as an
MSD. If granted, they will not be required to clean up designated groundwater on their site to drinking water
standards, although other cleanup standards such as inhalatiar~ and contact must still be met. The
application will not be approved by the TCEQ if the municipality where the site is located does not give
formal approval. That approval must be by means of a city council resolution supporting the application and
an ordinance prohibiting potable use of groundwater in the MSD (potable water is water used for irrigating
crops intended for human consumption, drinking, showering, bathing or cooking purposes}.
In January 2005, City Council adapted an ordinance creating a procedure for persons applying to the TCEQ
for an MSD, to obtain support of that application from the City Council. The procedure includes flung an
application with the City, staff review of the application far potential impacts to City interests, conducting a
public meeting held for the purpose of providing information on the application to the affected community,
and a public hearing. City Council has granted two previous MSD applications, the first in April 2005 and the
second in November 2005.
Lagnaz~e: 52MSDHOUSTON Page 1 of 2
On Aprii 3, 2006, Houston Street Acquisitions, LP, hied an application with the City seeking support of an
MSD at 505 North Houston Street.
Staff from the departments of Environmental Management, Water, Transportation and Public Works,
Development and Engineering reviewed the application for potential impacts to City interests. No significant
concerns were identified. Notice was issued as required by ordinance, and a public meeting was held at the
Central Library on May 18, 2006.
The designated groundwater at the Site is shallow, with depths varying from 12 to 15 feet below ground
level, and is underlain by limestone bedrock. Over 200 feet of limestone and shale separate this shallow
groundwater from the Paluxy Sand, a minor aquifer in this area. The Trinity aquifer is approximately 1,000
feet below the ground surface. The chemicals of concern identified in the designated groundwater, in
concentrations exceeding residential assessment levels for potable water use, consist of Total Petroleum
Hydrocarbons, Benzene, Cis-1, 2 Dichloroethene, Trichloroethene, and Viny( Chloride, and metals Arsenic,
Barium, Cadmium, Chromium, Lead and Selenium, presumably from historic metal salvage operations
dating back to the 1930s.
The site is located in COUNCIL DISTRICT 2.
FISCAL INFORMATIONICIE=RTIFICATION:
The Finance Director certifies that this action will have no material effect on City Funds.
TO FundlAccountlGenters
FROM FundlAccountlCenters
Submitted for City Manager's Offices by: Libby Watson {6199}
Originating Department Head: Brian Boerner (667}
Additions! tntorrrtation Contact: Michael Gange (6569}
Lognataae: S2MSDH4UST4N Page 2 of 2